EPA v. BERRY BROTHERS GENERAL CONTRACTORS, INC., A LOUISIANA CORP.

Case summary

1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A) ET SEQ., AS A- MENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA). 2. BERRY BROTHERS GENERAL CONTRACTORS, INC., A LOUISIANA CORPORATION 1414 RIVER ROAD BERWICK, SAINT MARY PARISH, LOUISIANA 70342 3. RESPONDENTS WERE IN VIOLATION OF SUBTITLE C OF RCRA BY: (1) FAILURE TO NOTIFY OF HAZARDOUS WASTE ACTIVITY, (2) FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION, AND (3) FAILURE TO MEET PERMIT EXEMPTION REQUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $105,160 FOR THE VIOLATIONS CITED AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENTS. THE ORDER REQUIRES THE RESPONDENTS TO: (A) TAKE THE NE- CESSARY STEPS TO ENSURE THAT EACH CONTAINER OF HAZ. WASTE IS LABELED HAZARDOUS WASTE , HAS THE DATE OF EACH PERIOD OF ACCUMULATION, AND VISIBLE FOR INSPECTION, (B) BEGIN CONDUCTING WEEKLY INSPECTIONS AND DOCUMENTATION OF EACH CONTAINER STORAGE AREA, (C) TAKE THE NECESSARY STEPS TO ESTABLISH AND MAINTAIN SECONDARY CONTAINMENT SYSTEM FOR ITS HAZ. WASTE CONTAINER STORAGE AREA(S), (D) TAKE THE NECESSARY STEPS TO MAKE ARRANGEMENTS WITH LOCAL AUTHOR- ITIES, (E) TAKE THE NECESSARY STEPS TO DEVELOP AND DOCU- MENT A PERSONNEL TRAINING PROGRAM, (F) TAKE THE NECESSARY STEPS TO DEVELOP WRITTEN CONTINGENCY PLAN, (G) IF RESPON- DENT DOES NOT COMPLY WITH THE ACTION A THRU F, THEN RE- SPONDENT SHALL IMMEDIATELY CEASE STORAGE OF ALL HAZ. WASTE UNTIL A PART A PERMIT HAS BEEN APPLIED FOR AND OB- TAINED, (H) WITHIN 21, RESPONDENT SHALL SUBMIT A PLAN TO DOCUMENT HOW IT INTENDS TO TRACK ACCUMULATION AND STORAGE OF HAZ. WASTE SUCH THAT THE 90 DAY STORAGE PERIOD IS NOT EXCEEDED UNLESS RESPONDENT ELECTS TO OBTAIN A HAZ. WASTE STORAGE PERMIT, AND (I) WITHIN 90 DAYS, RESPONDENT SHALL SUBMIT TO EPA, A WRITTEN CERTIFICATION THAT ACTIONS A THRU F HAVE BEEN COMPLETED AS REQUIRED.

Defendants (1)

• BERRY BROTHERS GENERAL CONTRACTORS, INC.Named in complaintNamed in settlement

Facilities (9)

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

• CXY ENERGY INC EUGENE IS 18 FAC

  1418 RIVER RD, BERWICK, LA, 70342

  Registry ID: 110007015755

Statutes cited

• RCRA 3003 — Standards Applicable to Transporters of Hazardous Waste
• RCRA 3005A — Res Conserv & Rec Act
• RCRA 3010 — Notification of Hazardous Waste Activity

Enforcement conclusions (1)

• BERRY BROTHERS GENERAL CONTRACTORS, INC.entered 1998-09-30

  Primary law: RCRA

  Federal penalty: $105,160

Timeline (5 milestones)

• 1998-06-30Complaint Filed/Proposed Order
• 1998-07-02Enforcement Action Data Entered
• 1998-09-30Final Order Issued
• 2001-03-08Compliance Achieved
• 2001-03-08Enforcement Action Closed